Chap. 358.—An ACT to amend the Code of Virginia by adding thereto four new
sections, numbered 2725-c, 2725-d, 2725-e and 2725-f, in relation to permitting
counties to employ or designate and compensate county purchasing agents, and
prescribing powers and duties of such agents when so employed or designated,
and how in such cases purchases for the county and its officers shall be made.

: [S B 343]
Approved March 26, 1932

1. Be it enacted by the general assembly of Virginia, That the Code
of Virginia be amended by adding thereto four new sections, numbered
twenty-seven hundred and twenty-five-c, twenty-seven hundred and
twenty-five-d, twenty-seven hundred and twenty-five-e, and twenty-
seven hundred and twenty-five-f, to read as follows:

Section 2725-c. The board of supervisors of every county in the
State shall have power to employ a county purchasing agent or to
designate some official or employee of the county to perform the duties
herein provided, and to provide compensation for such service. The
person so employed or designated shall serve at the pleasure of the
board, and shall give bond in such amount as shall be prescribed by
the board.

The county purchasing agent shall have authority under the super-
vision of the board of supervisors, and it shall be his duty, to purchase
or contract for all supplies, materials, equipment and contractual serv-
ices required by any department or agency of the county government,
subject to the provisions set forth in this and the following three sec-
tions ; to draw up, subject to the approval of the county board, and to
enforce standard specifications which shall apply to all supplies, ma-
terials and equipment purchased for the use of the county government ;
to have charge of all central storerooms now operated by, or hereafter
established by the county government; and to transfer to or between
county departments and agencies, or to sell supplies, materials and
equipment which are surplus, obsolete, or unused.

The board of supervisors of any two or more adjoining counties
shall have power to appoint, in accordance with the provisions of this
section, a joint purchasing agent. Such joint purchasing agent shall
carry out the provisions of this act as they apply to each of the counties
concerned. He shall be subject to rules and regulations mutually
formulated and agreed upon by the county boards which designate him
as their joint purchasing agent.

Section 2725-d. The terms “supplies,” “materials,” and ‘“equip-
ment” as used throughout in sections twenty-seven hundred and twenty-
five-c to twenty-seven hundred and twenty-five-f, both inclusive, shall
be construed to mean any and all articles or things which shall be used
by or furnished to any department, institutions, office, board, or other
agency of the county government. The term “contractual services”
shall be construed to mean any and all telephone, telegraph, postal,
electric light and power service, and other similar services. Except as
otherwise provided in this act, any and all supplies, materials, equip-
ment or contractual services needed by one or more departments or
agencies of the county government shall be directly purchased or con-
tracted for by the county purchasing agent, in accordance with rules
and regulations adopted pursuant to this section.

The county purchasing agent, subject to the approval of the county
board, shall adopt, promulgate, and from time to time amend, rules and
regulations for the following purposes; prescribing the manner in
which supplies, materials, and equipment shall be purchased, delivered,
stored, and distributed; prescribing the dates for making requisitions
and estimates, the future period which they are to cover, the form

99 ¢¢
1932] ACTS OF ASSEMBLY

in which they shall be submitted, the manner of their authentication,
and their revision by the county purchasing agent; providing for the
transfer to or between county departments and agencies of supplies,
materials, and equipment which are surplus with one department or
agency but which may be needed by another or others, and for the
disposal by sale, after receipt of competitive bids, of supplies, ma-
terials and equipment which are obsolete and unusable; prescribing
the amount of deposit or bond to be submitted with a bid on a contract
and the amount of deposit or bond to be given for the faithful per-
formance of a contract; prescribing the manner in which claims for
supplies, materials, equipment and contractual services delivered to any
and all departments and agencies of the county shall be submitted,
examined, approved, and paid; and providing for such other matters
as may be necessary to give effect to the foregoing rules and the
provisions of this act.

Section 2725-e. All purchases of, and contracts for, supplies, ma-
terials, equipment and contractual services, and all sales of such per-
sonal property which has become obsolete and unusable, shall be based
wherever feasible on competitive bids. If the amount of the expendi-
ture or sale is estimated to exceed one thousand dollars, sealed bids
shall, unless the board of supervisors shall provide otherwise, be
solicited by public notice inserted at least once in a newspaper of
county-wide circulation and at least five calendar days before the final
date of submitting bids. The county purchasing agent shall also solicit
sealed bids by sending requests by mail to prospective suppliers and
by posting notice on a public bulletin board in his office.

Bids shall in all cases be based on such standard specifications as
may be adopted by the county purchasing agent under the supervision
of the county board. All open market orders or contracts made by the
county purchasing agent or by any county department or agency shall
be awarded to the lowest and best bidder, taking into consideration the
qualities of the articles to be supplied, their conformity with the
specifications, their suitability to the requirements of the county gov-
ernment, and the delivery terms. Any or all bids may be rejected. If
all bids received on a pending contract are for the same unit price or
total amount, the county purchasing agent shall have authority to reject
all bids and to purchase the required supplies, materials, equipment or
contractual services in the open market, provided the price paid in the
open market shall not exceed the bid price. Each bid, with the name
of the bidder, shall be entered on a record, and each record with the
successful bid indicated thereon, shall, after the award of the order
or contract, be open to public inspection.

All contracts shall be approved as to form by the attorney for the
Commonwealth and a copy of each long-term contract shall be filed
with the chief, treasurer or other financial officer of the county.

Section 2725-f. Except in emergencv, no order for delivery on
a contract or open market order for supplies, materials, equipment or
contractual services for any county department or agency shall be
awarded until the chief financial officer shall have certified that the
unencumbered balance in the appropriation or appropriations concerned.
in excess of all unpaid obligations, is sufficient to defray the cost of
such order. Whenever any department or agency of the county gov-
ernment shall purchase or contract for any supplies, materials, equip-
ment or contractual services contrary to the provisions of this and the
three preceding sections or the rules and regulations made thereunder,
such order or contract shall be void and of no effect. The head of such
department or agency shall be personally liable for the costs of such
order or contract, and, if already paid for out of county funds, the
amount thereof may be recovered in the name of the county in an
appropriate action instituted therefor.

Neither the county purchasing agent, nor any member of his office
staff, shall be financially interested, or have any personal beneficial
interest, either directly or indirectly, in any contract or purchase order
for any supplies, materials, equipment or contractual services used by
or furnished to any department or agency of the county government.
Nor shall such purchasing agent, or any member of his staff, accept
or receive, directly or indirectly, from any person, firm, or corporation
to which any contract or purchase order may be awarded, by rebate,
gifts, or otherwise, any money or anything of value whatsoever, or any
promise, obligation, or contract for future reward or compensation.
Any violation of this section shall be a misdemeanor and shall be
punishable as provided by section forty-seven hundred and eighty-two
of the Code.

The provisions of this section and the three preceding sections shall
not apply to any county until the board of supervisors thereof shall
employ a county purchasing agent, or designate some one to perform
such duties, as provided in section twenty-seven hundred and twenty-
five-c.